In Pudong, Shanghai, the old man was investigated

In Pudong, Shanghai, Mr. Chen, 24, whose motorcycle valued more than 60000 yuan, was parked downstairs, but was pushed to the ground by an old man for no reason, causing 16000 yuan of economic losses. After that, Mr. Chen found the old man through monitoring and asked the other party for an explanation. Never thought, but the old man didn't think so. Moreover, the owner of the community also told Mr. Chen that this is not the first time that the old man has done this kind of behavior. Mr. Chen immediately called the police and insisted on safeguarding rights according to law!

Mr. Chen's motorcycle is KTM-rc390, worth more than 60000 yuan. It was normally parked in the motorcycle parking space planned by the community at that time. It can be monitored that an old man who was tottering with a red bag at that time unexpectedly pushed a weight of more than 200 jin to the ground for no reason. Moreover, it happened when the motorcycle did not block the old man's way.

Later, Mr. Chen learned from the property and other owners that the old man was a person without civil capacity and his guardian was the old man's son. He has repeatedly intentionally destroyed other people's property for no reason, and it is not very useful to go to the other party. Therefore, everyone advised Mr. Chen not to be too serious and consider himself unlucky.

At first, Mr. Chen didn't believe it. However, after reporting to the police and finding the old man, the other party really didn't take it seriously. Mr. Chen was very angry and decided to pursue the matter to the end.

1. The so-called actor without civil capacity generally refers to minors, the elderly and the mentally ill who cannot recognize their own behavior.

In this case, the police identified that the elderly were unable to recognize their own behavior. In other words, the elderly belong to persons without civil capacity.

2. So how should a person without civil capacity determine the nature of such act and bear any responsibility?

First of all, the motorcycle is Mr. Chen's personal legal property, which shall not be infringed by anyone, otherwise it shall be deemed as an illegal and criminal act of intentionally destroying others' property.

The distinction between intentionally destroying others' property and whether it is illegal or criminal is mainly determined by the value of damage. That is, a criminal penalty of more than 5000 yuan and a public security penalty of less than 5000 yuan.

Specifically, in this case, the police determined that the damage value of the elderly was 16000 yuan, thus constituting a criminal offence. be careful! The above refers to the situation of intentional destruction. Once the perpetrator destroys others' property at will, it is another matter!

For example, if Zhang San destroys other people's cars and shops without reason after drinking, he will be considered as a criminal act of provoking trouble because his behavior destroys other people's property and disturbs public order.

It is emphasized that one of the prerequisites for the crime of causing trouble by violating social public order is that it has caused economic losses of more than 2000 yuan.

That is to say, because the motorcycle did not block the old man's way at that time, the old man was an act of randomly destroying other people's property, so his act should be recognized as the crime of causing trouble.

Article 293 of the Criminal Law stipulates that those who constitute the crime of provoking trouble shall be sentenced to fixed-term imprisonment of not more than five years and a fine; If the circumstances are repeated, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.

Secondly, Article 18 of the Criminal Law clearly stipulates that when an actor is unable to recognize or control his own behavior, he will not bear criminal responsibility if he causes harmful results, which are identified and confirmed by legal procedures.

Specifically, only those who are identified as being unable to identify or control their own behavior when committing a crime will not bear criminal responsibility, otherwise, they will bear criminal responsibility for their own behavior.

In this case, judging from the fact that the elderly have been prosecuted by the procuratorate for the crime of causing trouble, they should have been identified as able to identify their own behavior when committing a crime, so the elderly should bear criminal responsibility for this.

Secondly, Article 1188 of the Civil Code clearly stipulates that if a person with limited capacity for civil conduct causes damage to others, the guardian shall bear tort liability. If the guardian does his duty of guardianship, his tort liability may be reduced.

How to understand it? That is to say, the guardian of a person without civil capacity has the legal obligation to supervise. The guardian shall be liable for any damage caused by his failure to perform his regulatory obligations. That is, the son of the old man should bear civil compensation liability for his mother's behavior.

Finally, Article 1184 of the Civil Code also stipulates that if the property of others is infringed upon, the property loss shall be calculated according to the market price or other reasonable methods at the time of loss.

That is to say, the specific compensation should not be calculated by the value of Mr. Chen when he bought the car, but by the financial loss of the party that the police finally determined caused. That is, the old man's son needs to compensate Mr. Chen 16000 yuan, and no other depreciation costs need to be borne. This is the principle of filling and leveling, which is well known in civil law.

Some netizens said that other owners of the community had been infringed on their property rights by the elderly for many times, but no one went to investigate the responsibility of the other party. Instead, Mr. Chen, who had just moved in the first day, defended his rights according to law. This is worth praising! What do you think about this?

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